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A. A violation of this chapter shall subject the violator to the following:

1. An action in the Superior Court of the State of California to recover all actual damages resulting from a violation of this article.

2. Reasonable attorneys’ fees and costs awarded by a court to a plaintiff that prevails in an action against a Third-Party Food Delivery Service. If plaintiff fails to prevail against a Third-Party Food Delivery Service, a court may award reasonable attorneys’ fees and costs to the Third-Party Food Delivery Service upon a determination by the court that the plaintiff’s action was frivolous.

3. A civil action alleging a violation of any provision of this article shall commence only after the following requirements have been met:

(a) Written notice is provided by the Retail Food Establishment to the Third-Party Food Delivery Service of the provisions of the article alleged to have been violated and the facts to support the alleged violation; and

(b) The Third-Party Food Delivery Service is provided 15 days from the date of the written notice to cure any alleged violation.

B. Notwithstanding any provision of this Code, or any other ordinance to the contrary, no criminal penalties shall attach for violation of this article. (Ord. 7727-NS § 1 (part), 2020)